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HomeMy Public PortalAboutPlanning Board Packet 08/26/20Application#2019-17(Mod) www.brewster-ma.gov Page 1 of 1 8/21/2020 DEPARTMENT REVIEWS Modification of Site Plan Review Approval #2019-17 APPLICANT/OWNER: Next Grid Patriots LLC REPRESENTATIVE: Duane Moulton, Grid Builders LLC MAP/LOT: Map 52, Lot 42 (formerly Map 40, Lot 43-7) PROPERTY ADDRESS: 0 Pine Bluff Road Received from: Building Department Comments received from Victor Staley, Building Commissioner  I am in support of the fence height increase from 6 feet to 7 feet for public safety measures and to align with the intent of the National Electrical Code (NEC) which is the base Electrical Code for Massachusetts. Conservation Com.Comments received from Noelle Aguiar, Conservation Administrator  The property appears to be outside of the jurisdiction of the Conservation Commission so we have no comments. Fire Dept.Comments received from Chief Robert Moran  The Fire Department has no comments on fence height or color. Health Dept.Comments received from Amy von Hone, Health Director  The Health Department has no comments regarding the fence. Historic District Com.Comments received from Sara Provos, Senior Department Assistant  The property is not located within the Brewster Historic District. Police Dept.Comments received from Lt. George Bausch  The Brewster Police have no issues with this application. Brewster Planning Board 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov PB Minutes 08/19/2020 Page 1 of 5 Brewster Planning Board 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov BREWSTER PLANNING BOARD MEETING MINUTES Wednesday, August 19, 2020 at 4:00 pm Brewster Town Office Building (virtual) Chair Paul Wallace convened a remote special meeting of the Planning Board at 4:02 pm with the following members participating remotely: Amanda Bebrin, Charlotte Degen, Madalyn Hillis-Dineen, Kari Hoffmann, and Elizabeth Taylor. Roberta Barrett did not participate. Also participating remotely: Ryan Bennett, Town Planner and Lynn St. Cyr, Senior Department Assistant. The Chair read the Notification: This meeting will be conducted by remote participation pursuant to Governor Baker’s March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The Town has established specific email addresses for each board and committee so the public can submit comments either before or during the meeting. To submit public comment or questions to the Planning Board, please email: planningboardmeeting@brewster-ma.gov. To view the: Live broadcast: Tune to Brewster Government TV Channel 18 Livestream: Go to www.livestream.brewster-ma.gov Audio/video recording: Go to www.tv.brewster-ma.gov Planning Board Packet: Go to: http://records.brewster-ma.gov/weblink/browse.aspx?dbid=0 4:04 PM PUBLIC HEARINGS CONTINUED Special Permit and Site Plan Review Application #2020-09: Applicant: Distributed Solar Development, LLC. Owner: Town of Brewster. Representative: Joshua Burdett of Tetra Tech, Inc. for property located at 198 Commerce Park Road (Captains Golf Course Driving Range) and shown on Assessor’s Map 131, Lot 1 in the Industrial (I) zoning district. The Applicant proposes to develop an approximate 480 kW AC solar canopy facility in the parking lot of the Captains Golf Course Driving Range pursuant to §179-56D(1)(c), §179-64, and §179-75.5 of the Brewster zoning bylaw. (Continued from August 12, 2020) Documents:  07/31/20 Landscaping Plan  08/03/20 Memorandum from Energy Committee  08/10/20 Department Review Comments and 08/17/20 Supplemental Department Review Comments  08/11/20 Memorandum from Water Quality Review Committee (WQRC)  08/12/20 Letter from Joshua Burdett of Tetra, Inc. with DSD Annual Maintenance Scope and Nitrogen Loading Calculations  08/12/20 Photo rendering of canopy  Site Plan Review Check list Joshua Burdett of Tetra Tech, Inc. participated remotely on behalf of the Applicant Distributed Solar Development, LLC (DSD). Jenny Nicolas and Alex Norman of DSD also participated remotely. The following individuals were also participated remotely: Peter Lombardi, Town Administrator, Donna Kalinick, Assistant Town Administrator, Chief Robert Moran, Fire Department, Mark O’Brien, Director of Operations, Captains Golf Course, Anne O’Connell, Golf Commission, Jeff Odell, Golf Commission, Chuck Hanson, Energy Committee, Colin Odell, Energy Committee, and Liz Argo, Executive Director, CVEC. Hoffmann read department review comments and supplemental department review comments into the record. Burdett referenced the August 12, 2020 submission by the Applicant. Burdett referenced the Parking Plan (A103) and stated that parking striping was not proposed as part of the scope of this project and would be the responsibility of the Town post construction. Burdett referenced the Landscaping Plan (C103 and 104) submitted and stated that small evergreen trees and shrubs are proposed around existing vegetation and around the canopy as screening to Commerce Approved: Vote: PB Minutes 08/19/2020 Page 2 of 5 Park Road. Burdett noted that the Landscaping Plan was developed in conjunction with Patrick Ellis, Tree Warden and a landscape architect representing the Applicant. The Landscape Plan also serves to show the one to one tree replacement that will occur at the golf course site. Burdett stated that the Decommissioning Bond referenced in the Lease Agreement is still being negotiated as to the assurance option that will be implemented. At the Planning Board’s request, the Applicant will construct a wooden fence around the equipment pad instead of the proposed chain link fence and bollards will be placed around the fence for site security. The 30’ setback was addressed by the Building Commissioner and no further action is necessary. Burdett stated that the Applicant will work with the Fire Department on fire lane striping and will provide additional information and training requested by the Fire Department. Hoffmann read the memorandum from the WQRC dated August 11, 2020 into the record. Hillis-Dineen confirmed with the Applicant that they will work with the Fire Department on fire lane striping. Hillis-Dineen stated that she thinks this is a good project for the Town and golf members. Chief Moran requested more information on the battery storage units including specifications and suppression system information. Argo responded that she will provide battery information to Chief Moran including documents provided to the WQRC. Hoffmann requested Argo provide the documents to the Planning Board as well. Chief Moran asked the Applicant if specs on storage installation were available and Burdett responded that he will forward the information to the Chief and Planning Board. Taylor asked about a reference to the use of herbicides in the Annual Maintenance Scope submitted by the Applicant. Nicolas responded that this was DSD’s general maintenance plan and herbicides were not anticipated for the golf sites. The Board requested a specific maintenance plan for the sites and asked that the reference to herbicides be removed. Hoffmann asked Moran if fire trucks will be able to fit under the canopy given the dip in the parking lot. Moran stated that he expects an engine would fit but a ladder truck may not. Moran further stated that it is not necessary for the ladder truck to fit underneath the canopy. Hoffmann confirmed with the Applicant that the emergency lane striping will be included in the project scope. Hoffmann asked about resident notification of these projects. Argo responded that CVEC worked with Brewster representatives and public meetings took place before the Golf Commission and Select Board. Argo also pointed out that residents voted in support of solar projects at Town Meeting. Hoffmann responded that the warrant articles from the May 1, 2017 Town Meeting were very general and did not give site locations or project specifics. Argo suggested posters depicting the project could be placed in Town Hall. Lombardi stated that the Select Board is sensitive to the concern over resident notification. He noted that the Golf Commission held numerous public meetings and that dating back to 2014-2015 the Energy Committee was reviewing and discussing solar projects at these sites. Lombardi also stated that the Select Board had numerous discussions on these projects in public meetings. There has been no broader outreach but Lombardi does not know of a precedent for such outreach for these types of projects. Hoffmann suggested the Town issue a press release on the project and noted the Millstone Housing project outreach that the Town undertook. Hoffmann expressed concern that residents were not aware of these solar projects which will be a significant change to the sites. Degen asked for an explanation of front of the meter and behind the meter systems. There was discussion on both systems clarifying that the systems at the driving range and golf course are front of the meter systems. The Town does not receive net metering credits but rather receives annual rent from the developer through a Lease Agreement. The developer will sell the energy to the grid. Degen also asked about maintenance of the drainage and Burdett responded that there is minimal impact to drainage as a result of this project so maintenance would be handled by the existing maintainer. Argo asked if the current drainage maintenance plan would be held in effect for this project. Hoffmann referred the Applicant to the memorandum dated August 11, 2020 from the WQRC and noted that the committee requested an updated operation and maintenance plan for the existing and proposed drainage. The Board asked the Applicant to follow up on this request from the WQRC. Wallace asked if the Applicant would consider striping the parking lot and Nicolas stated that they will incorporate striping into the plans. Wallace requested a striping plan showing parking spaces sized pursuant to zoning bylaw requirements. Kalinick summarized the memorandum dated August 3, 2020 regarding the solar canopy time line and design considerations. Colin Odell stated that discussion on these projects has been taking place for at least four years within the Energy Committee. He also believes there was an article about the projects in the Cape Codder recently. He further stated that he has been before the Select Board to discuss these projects at least three times. Odell stated that is his opinion these sites are not appropriate as behind the meter systems as the Golf Course does a majority of their pumping at night when solar is not available so it is better to use the lease process. O’Brien stated that the Golf Commission has reviewed these projects many times and it is well known among golf members that these proposals are being considered. O’Brien noted that there were some aesthetic concerns raised in the beginning so the canopies were relocated to their PB Minutes 08/19/2020 Page 3 of 5 current proposed locations. O’Brien also stated that revenue was a driving force behind support of the projects. O’Connell echoed O’Brien’s comment that the primary reason for supporting these projects was financial and secondly to support a green community. The Golf Commission has had knowledgeable discussions on these projects. O’Connell noted that there was not unanimous support for the projects. Degen asked the reasons the projects were opposed and O’Connell stated the opposition was due to aesthetics. O’Brien stated that it was important to note that the dissenter did not have a problem with the driving range canopy. The Board reviewed the list of documents that the Applicant needed to submit and conditions that needed to be met in order for the application to be approved. These documents and conditions include that the Applicant provide: 1) a striping plan showing parking space dimensions in compliance with the zoning bylaw and coordinate fire lane striping with the Fire Department; 2) specifications on the battery storage units and a fire prevention/suppression plan for the units; 3) an updated maintenance plan that is site specific and does not include use of herbicides; 4) an Operation and Maintenance Plan for the drainage as requested by the WQRC; 5) all documents provided to WQRC to be provided to the Planning Board and Fire Department; and 6) all requirements and conditions requested by the WQRC in the August 11, 2020 memorandum to the Planning Board be incorporated. The Board discussed voting on the project with the referenced conditions. Bennett suggested that the technical information requested may not impact the Board’s decision so the Board could vote with the requested information as conditions. Lombardi requested that the Applicant provide a fire prevention/suppression plan for the battery storage unit to the Fire Department. Hanson stated that there was only a battery being used at the golf course so the conditions related to the battery storage units do not apply to the driving range. Wallace confirmed with the Applicant that there was no battery present at the driving range only transformers. Hoffmann asked that the conditions include that the wooden fence be maintained by the Applicant throughout the course of the project. St. Cyr confirmed the conditions including removal of the condition regarding battery storage units as none exist on this site and the addition of maintenance of the wooden fence throughout the course of the project. Hoffmann stated that dead landscaping also needs to be replaced within one growing season. Hoffmann suggested the Board review the site plan review criteria. The Board reviewed their site plan review check list. Hoffmann asked that the concrete piers, bollards, and curve being installed for safety be integrated into the parking plan. St. Cyr stated that no public comment was received during the hearing. Motion by Degen to Approve Special Permit and Site Plan Review Application #2020-09 with Conditions, as discussed. Second by Hillis-Dineen. Hoffmann noted that this project is located in the Industrial zone. Vote: Hoffmann-aye, Degen-aye, Taylor-aye, Hillis-Dineen–aye, and Wallace-aye. Vote: 5-0-0. 5:18 PM PUBLIC HEARINGS CONTINUED Special Permit and Site Plan Review Application #2020-10: Applicant: Distributed Solar Development, LLC. Owner: Town of Brewster. Representative: Joshua Burdett of Tetra Tech, Inc. for property located at 1000 Freemans Way (Captains Golf Course) and shown on Assessor’s Map 119, Lot 1-F in the Residential Rural (R-R) zoning district. The Applicant proposes to develop an approximate 1000 kW AC solar canopy facility in the northern parking lot of the Captains Golf Course pursuant to §179-56D(1)(c), §179-64, and §179-75.5 of the Brewster zoning bylaw. Documents:  08/03/20 Memorandum from Energy Committee  08/10/20 Department Review Comments and 08/17/20 Supplemental Department Review Comments  08/11/20 Memorandum from Water Quality Review Committee  08/12/20 Letter from Joshua Burdett of Tetra, Inc. with DSD Annual Maintenance Scope and Nitrogen Loading Calculations  08/12/20 Photo rendering of canopies Joshua Burdett of Tetra Tech, Inc. participated remotely on behalf of the Applicant Distributed Solar Development, LLC (DSD). Jenny Nicolas and Alex Norman of DSD also participated remotely. The following individuals were also participated remotely: Peter Lombardi, Town Administrator, Donna Kalinick, Assistant Town Administrator, Chief Robert Moran, Fire Department, Mark O’Brien, Director of Operations, Captains Golf Course, Anne O’Connell, Golf Commission, Jeff Odell, Golf Commission, Chuck Hanson, Energy Committee, Colin Odell, Energy Committee, and Liz Argo, Executive Director, CVEC. Wallace noted that the department review comments and supplemental department review comments read into the record during the previous public hearing were part of the record for this public hearing as well. PB Minutes 08/19/2020 Page 4 of 5 Hoffmann read the memorandum dated August 11, 2020 from the WQRC into the record. Wallace referenced the memorandum from the Energy Committee summarized for the record during the previous public hearing and noted that it was also part of the record for this public hearing. Hillis-Dineen asked if it was possible to add lighting underneath the canopy as she was concerned that the darkness would cause safety issues. Hillis-Dineen stated she expected similar conditions to be required for this project as the other project. Hoffmann echoed Hillis-Dineen’s concern regarding lighting. Hoffmann also noted that there is no landscaping plan for this site and green space removal is proposed. Hoffmann expressed concern for the removal of the old growth tree island. Hoffmann also expressed concern that the project was located in the residential rural zoning district and it does not fit the character of the area. Burdett responded to Hoffmann’s landscaping concerns by stating that the trees being removed at the golf course site are being replaced times two at the driving range site. Burdett stated that the canopy cannot be cut back as it would reduce the foot print. Burdett further stated that the existing vegetation underneath the canopy may be able to survive through irrigation provided by the canopy gutter system and ambient lighting coming through the panels. Burdett stated that in discussions with the Tree Warden, the Tree Warden recommended not replanting underneath the canopy as vegetation would not thrive. The Tree Warden also stated that he was looking into replanting some of the trees removed from the site in other parts of the town. Hoffmann stated that the size of the canopy impacts the character of the area and Burdett agreed the character was impacted but stated that the impact on the surrounding properties is minimal with added vegetation and industrial property across the street. Nicolas stated that the Applicant will speak to the Tree Warden further about replanting different species in the island adjacent to the canopy. Hoffmann asked the Applicant to consider bringing the canopy back so that the bigger trees do not need to be removed. Wallace stated that the trees cause issues with shade and that is why they are being removed. Burdett stated that if the canopy was cut back, the footprint would be reduced negatively impacting the finances of the project. Norman confirmed that the island with the larger trees can be replaced but the current trees have to be removed due to their size. Norman further stated that the trees along the islands can be saved but he is not sure they will thrive. Hoffmann asked if the grass beneath the canopy will be replaced with shade grass and Norman responded that that option has not been reviewed. Norman suggested a small dry river may be appropriate under the canopy with grass. Hillis-Dineen asked that the lighting issue be addressed. Norman stated that there is one pole light located under the canopy which the Applicant will look into adding lights to that should direct light to the most heavily used area. Unfortunately, there is not an option to pull in lighting from the system so it would have to be pulled from the building. Degen asked about lights similar to those used by homeowners on residential solar panels. Wallace and Norman responded that those type of lights often pose aesthetic and maintenance issues. Degen would like to see the Applicant submit a Landscaping Plan and Lighting Plan. Taylor requested the Applicant submit a Landscaping plan and a Lighting Plan for this site. Taylor stated that the site is located in Zone 2 and she asked O’Brien to review the landscape legend on the plan submitted for the driving range site to determine if the proposed fertilizer use is appropriate in Zone 2. Hoffmann asked O’Brien if formal notice was given to members of the golf club and O’Brien responded that notice was given on Golf Commission agendas. Hoffmann noted the July 7, 2020 email previously received from Jayanne Sci which was read into the record at the July 8, 2020 meeting. Lombardi responded to financial questions raised in the email by stating that it has not yet been determined whether funds received from the lease will be directed to the golf course or the general fund. Further, Lombardi stated that funds are routinely directed to the general fund unless otherwise allocated by the Select Board. Wallace stated that he would like to see some plantings on the two islands to the east and possibly rocks underneath the canopies to avoid dead trees and grass. Wallace also suggested painting the canopies a color other than gray. Hoffmann suggested white as a possibility and Hillis-Dineen suggested dark green for the canopies. Hoffmann asked Board members to look at the CVEC site for photos of other canopy colors. Wallace requested renderings of the canopies with a selection of colors. Wallace also asked if other designs were considered and Norman replied that this model was one of a number of models reviewed by the Applicant and it was the only model that fit the space. St. Cyr stated that there was no public comment received during the public hearing. Hanson suggested that John Kissida, a Golf Commission member, may be helpful in determining canopy colors. Wallace suggested that staff reach out to Kissida. PB Minutes 08/19/2020 Page 5 of 5 Jeff Odell asked for confirmation that the islands were remaining but the plantings were being removed. Wallace suggested the landscape plan make this clear. There was further discussion on landscaping underneath the canopies. Norman stated that established grass does well so long as it has a water source. Hoffmann asked if Kissida could also advise on landscaping under the canopies. Wallace asked if staff could follow up with Kissida. Taylor stated that she would leave grass underneath the canopy if it would survive. She stated that she needed to conduct another site visit to determine the different species of plantings at the golf course and make suggestions. Degen stated that rocks underneath the canopies did not seem appropriate for Cape Cod and she also wondered if there would be issues with members trying to get their pull carts over the rocks. Wallace agreed with Degen. He directed the Applicant to look into shade plantings and provide a plan. Lombardi referenced a memorandum from Kissida regarding the project that he will forward to Planning Department staff. There was further discussion regarding additional notice to golf club members via email and possible outreach efforts to residents. Lombardi stated that Captains Golf Course has a loyal membership and an extensive list serve to which an email could be sent in advance of the next public hearing. Lombardi stated that a posting could also be made on the Town website and posters could be placed in Town Hall. There was discussion on timing of the permit process as it relates to financing and construction schedules. Nicolas asked if preliminary approval could be given and the Board was not prepared to vote on the project without the additional information requested. Motion by Hoffmann to Continue the Public Hearing on Special Permit and Site Plan Review Application #2020-10 to September 9, 2020. Second by Degen. Vote: Hillis-Dineen-aye, Taylor-aye, Degen-aye, Hoffmann-aye, and Wallace-aye. Vote: 5-0-0. 6:14 PM PLANNING DISCUSSION Approval of Meeting Minutes: July 8, 2020. The Board reviewed the July 8, 2020 meeting minutes. Motion by Hoffmann to Approve July 8, 2020 Meeting Minutes, as amended. Second by Taylor. Vote: Hillis-Dineen-aye, Taylor-aye, Degen-aye, Hoffmann-aye, and Wallace-aye. Vote: 5-0-0. Approval of Meeting Minutes: August 3, 2020. The Board reviewed the August 3, 2020 meeting minutes. Motion by Hillis-Dineen to Approve August 3, 2020 Meeting Minutes. Second by Hoffmann. Vote: Hillis-Dineen-aye, Taylor-aye, Degen-abstained, Hoffmann-aye, and Wallace-aye. Vote: 4-0-1. Approval of Meeting Minutes: August 12, 2020. The Board reviewed the August 12, 2020 meeting minutes. Motion by Hillis-Dineen to Approve August 12, 2020 Meeting Minutes. Second by Hoffmann. Vote: Hillis-Dineen-aye, Degen-abstained, Hoffmann-aye, Taylor-aye, Bebrin-aye, and Wallace-aye. Vote: 5-0-1. 6:20 PM TOPICS THE CHAIR DID NOT REASONABLY ANTICIPATE Bennett stated that there would be an application before the Board at their September meeting regarding the redevelopment of the Wingate site on Harwich Road. Hillis-Dineen stated that the Housing Assistance Corporation is working on a COVID-19 rent release program which was discussed at the recent Affordable Housing Trust meeting. Hoffmann announced that the Vision Planning Committee will kick off in September. Motion by Hillis-Dineen to adjourn. Second by Degen. Vote: Bebrin-aye, Hoffmann-aye, Degen-aye, Taylor-aye, Hillis-Dineen-aye, and Wallace-aye. Vote: 6-0-0. Meeting adjourned at 6:26 pm. Next Planning Board Meeting Date: 08/26/20 Respectfully submitted, __________________________________________ Lynn St. Cyr, Senior Department Assistant, Planning